Canon 915
Encyclopedia
Canon 915, one of the canons of the current 1983 Code of Canon Law
, forbids the administration of Holy Communion to those upon whom the penalty of excommunication
or interdict
has been imposed or declared or who persist in manifest grave sin. While canon 1331 §1 forbids an excommunicated person, even one who has incurred a latae sententiae
(automatic) excommunication, from receiving Holy Communion, it is to the minister of Holy Communion, not the excommunicated person, that canon 915 is directed, stating:
, by someone who actually procures an abortion
, is unrelated to canon 915, unless an Ordinary
or an ecclesiastical court
, having taken note of the commission of this offence and giving the accused the right to defend against the charges, issues a decree that the person involved has indeed incurred excommunication. Someone who has incurred a non-declared automatic excommunication is forbidden to receive Holy Communion, but this obligation directly affects the excommunicated person, while the obligation that canon 915 imposes concerns instead those in charge of distributing Holy Communion.
text of the canon is perseverantes, a present participle, referring to actual perseverance in manifest grave sin, not to a past attitude,
Archbishop Raymond Burke
, the current Prefect of the Supreme Tribunal of the Apostolic Signatura, has written extensively on the subject and has argued in favour of a more rigid observance of the canon by ministers of Holy Communion in the case of Catholic politicians who publicly, after admonition, continue to support legislation favouring procured abortion and other legislation contrary to the natural moral law.
was selected as a vice presidential candidate, Bishop Joseph Francis Martino
, bishop of Biden's original hometown of Scranton, Pennsylvania
, said that Biden would be refused Holy Communion in that diocese
because of his stance on legal abortion. However, Bishop Michael Angelo Saltarelli
of Wilmington
, Biden's place of residence, made no similar declaration, and only "asked" politicians like Biden not to present themselves for Holy Communion. Biden continued to attend Mass and receive Communion at his local Delaware parish. Biden said he believed that life began at conception but that he would not impose his personal religious views on others.
was recorded presenting himself and receiving Holy Communion from a priest at a papal Mass at St. Patrick's Cathedral in April of 2008. When the then Archbishop of New York, Cardinal Edward Egan, learned of the incident, he issued a press release that stated: "The Catholic Church clearly teaches that abortion is a grave offense against the will of God. Throughout my years as Archbishop of New York, I have repeated this teaching in sermons, articles, addresses, and interviews without hesitation or compromise of any kind. Thus it was that I had an understanding with Mr. Rudolph Giuliani, when I became Archbishop of New York and he was serving as Mayor of New York, that he was not to receive the Eucharist because of his well-known support of abortion." Cardinal Egan did not invoke canon 915, and spoke only of an obligation on Giuliani, when he was Mayor of New York, not to present himself for Communion, not directly of any obligation on the person administering Communion to refuse it to him. There is little debate among Catholic authorities that Giuliani's multiple marriages and divorces would ban him from communion.
Archbishop
Joseph Naumann
asked that Kathleen Sebelius
no longer receive Holy Communion
because of her position on abortion. Naumann criticized Sebelius for vetoing HS SB 389. The action received mixed reviews in the Catholic press. This too, being an admonition to refrain from receiving Communion, was not an application of canon 915.
and author of "Surprised by Canon Law: 150 Questions Laypeople Ask about Canon Law", said that Nancy Pelosi
's pastor would be in violation of canon 915, if he allowed her to receive communion. Pelosi regularly attends Mass in San Francisco, CA and Washington, DC. The parish priests and the archbishops of both sees have rejected calls to withhold communion from her.
Senator John Kerry
, Governor Mario Cuomo
, Governor Andrew Cuomo
, Governor George Pataki
, Senator Ted Kennedy
, Tom Vilsack
(one of John Kerry's possible vice-presidential choices in the 2004 election), and Governor Arnold Schwarzenegger
. None of these have been denied communion. American prelates opposing banning pro-choice politicians include Cardinals Francis George, Theodore McCarrick, Donald Wuerl, Roger Mahoney and Avery Dulles, and Archbishop Daniel Pilarczyk.
1983 Code of Canon Law
The 1983 Code of Canon Law is the codification of canonical legislation for the Latin Rite of the Catholic Church...
, forbids the administration of Holy Communion to those upon whom the penalty of excommunication
Excommunication
Excommunication is a religious censure used to deprive, suspend or limit membership in a religious community. The word means putting [someone] out of communion. In some religions, excommunication includes spiritual condemnation of the member or group...
or interdict
Interdict
The term Interdict may refer to:* Court order enforcing or prohibiting a certain action* Injunction, such as a restraining order...
has been imposed or declared or who persist in manifest grave sin. While canon 1331 §1 forbids an excommunicated person, even one who has incurred a latae sententiae
Latae sententiae
Latæ sententiæ is a Latin term used in the canon law of the Catholic Church meaning literally "given sentence".Officially, a latae sententiae penalty follows automatically, by force of the law itself, when the law is contravened....
(automatic) excommunication, from receiving Holy Communion, it is to the minister of Holy Communion, not the excommunicated person, that canon 915 is directed, stating:
Those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion.
Juridical context
Latae sententiae (automatic) excommunication, such as that incurred, according to canon 1398Canon 1398
Canon 1398 is a rule of canon law which declares that a person who procures a completed abortion incurs a latae sententiae excommunication.-Historical roots:...
, by someone who actually procures an abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, is unrelated to canon 915, unless an Ordinary
Ordinary
In those hierarchically organised churches of Western Christianity which have an ecclesiastical law system, an ordinary is an officer of the church who by reason of office has ordinary power to execute the church's laws...
or an ecclesiastical court
Ecclesiastical court
An ecclesiastical court is any of certain courts having jurisdiction mainly in spiritual or religious matters. In the Middle Ages in many areas of Europe these courts had much wider powers than before the development of nation states...
, having taken note of the commission of this offence and giving the accused the right to defend against the charges, issues a decree that the person involved has indeed incurred excommunication. Someone who has incurred a non-declared automatic excommunication is forbidden to receive Holy Communion, but this obligation directly affects the excommunicated person, while the obligation that canon 915 imposes concerns instead those in charge of distributing Holy Communion.
Claim of applicability to politicians who have promoted legalization of abortion
The United States association American Life League claims that the giving of Communion to Catholic politicians who have promoted legalization of abortion is forbidden by canon 915, which it quotes as stating: "Those who have been ... obstinately persevering in manifest grave sin are not to be admitted to holy communion." By omitting the words of the canon here italicized, "those who have been excommunicated or interdicted after the imposition or declaration of the penalty and others obstinately persevering in manifest grave sin are not to be admitted to holy communion", the association links "have been" with "obstinately persevering in manifest grave sin" and gives the impression that even a past action by a politician makes it unlawful to give him or her Communion. The word in the original LatinLatin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
text of the canon is perseverantes, a present participle, referring to actual perseverance in manifest grave sin, not to a past attitude,
Archbishop Raymond Burke
Raymond Leo Burke
Raymond Leo Burke is an American Cardinal of the Holy Roman Church. He is the current Cardinal Prefect of the Supreme Tribunal of the Apostolic Signatura, having previously served as Archbishop of St...
, the current Prefect of the Supreme Tribunal of the Apostolic Signatura, has written extensively on the subject and has argued in favour of a more rigid observance of the canon by ministers of Holy Communion in the case of Catholic politicians who publicly, after admonition, continue to support legislation favouring procured abortion and other legislation contrary to the natural moral law.
Joe Biden
After Joe BidenJoe Biden
Joseph Robinette "Joe" Biden, Jr. is the 47th and current Vice President of the United States, serving under President Barack Obama...
was selected as a vice presidential candidate, Bishop Joseph Francis Martino
Joseph Francis Martino
Joseph Francis Martino is an American prelate of the Roman Catholic Church and the Retired Bishop of Scranton. He served as bishop of Scranton until his resignation was accepted by Pope Benedict XVI on 31 August 2009....
, bishop of Biden's original hometown of Scranton, Pennsylvania
Scranton, Pennsylvania
Scranton is a city in the northeastern part of Pennsylvania, United States. It is the county seat of Lackawanna County and the largest principal city in the Scranton/Wilkes-Barre metropolitan area. Scranton had a population of 76,089 in 2010, according to the U.S...
, said that Biden would be refused Holy Communion in that diocese
Roman Catholic Diocese of Scranton
The Roman Catholic Diocese of Scranton, of which St. Peter's Cathedral in Scranton, Pennsylvania, is the mother church, consists of 11 counties in northeastern Pennsylvania, United States....
because of his stance on legal abortion. However, Bishop Michael Angelo Saltarelli
Michael Angelo Saltarelli
Michael Angelo Saltarelli was an American prelate of the Roman Catholic Church. He served as Bishop of Wilmington from 1995 to 2008.-Biography:...
of Wilmington
Roman Catholic Diocese of Wilmington
-External links:**...
, Biden's place of residence, made no similar declaration, and only "asked" politicians like Biden not to present themselves for Holy Communion. Biden continued to attend Mass and receive Communion at his local Delaware parish. Biden said he believed that life began at conception but that he would not impose his personal religious views on others.
Rudy Giuliani
Former mayor of New York, Rudy GiulianiRudy Giuliani
Rudolph William Louis "Rudy" Giuliani KBE is an American lawyer, businessman, and politician from New York. He served as Mayor of New York City from 1994 to 2001....
was recorded presenting himself and receiving Holy Communion from a priest at a papal Mass at St. Patrick's Cathedral in April of 2008. When the then Archbishop of New York, Cardinal Edward Egan, learned of the incident, he issued a press release that stated: "The Catholic Church clearly teaches that abortion is a grave offense against the will of God. Throughout my years as Archbishop of New York, I have repeated this teaching in sermons, articles, addresses, and interviews without hesitation or compromise of any kind. Thus it was that I had an understanding with Mr. Rudolph Giuliani, when I became Archbishop of New York and he was serving as Mayor of New York, that he was not to receive the Eucharist because of his well-known support of abortion." Cardinal Egan did not invoke canon 915, and spoke only of an obligation on Giuliani, when he was Mayor of New York, not to present himself for Communion, not directly of any obligation on the person administering Communion to refuse it to him. There is little debate among Catholic authorities that Giuliani's multiple marriages and divorces would ban him from communion.
Kathleen Sebelius
Kansas CityKansas City, Kansas
Kansas City is the third-largest city in the state of Kansas and is the county seat of Wyandotte County. It is a suburb of Kansas City, Missouri, and is the third largest city in the Kansas City Metropolitan Area. The city is part of a consolidated city-county government known as the "Unified...
Archbishop
Archbishop
An archbishop is a bishop of higher rank, but not of higher sacramental order above that of the three orders of deacon, priest , and bishop...
Joseph Naumann
Joseph Fred Naumann
Joseph Fred Naumann is an American prelate of the Roman Catholic Church. He serves as the fourth and current Archbishop of Kansas City in Kansas.-Biography:...
asked that Kathleen Sebelius
Kathleen Sebelius
Kathleen Sebelius is an American politician currently serving as the 21st Secretary of Health and Human Services. She was the second female Governor of Kansas from 2003 to 2009, the Democratic respondent to the 2008 State of the Union address, and chair-emerita of the Democratic Governors...
no longer receive Holy Communion
Eucharist
The Eucharist , also called Holy Communion, the Sacrament of the Altar, the Blessed Sacrament, the Lord's Supper, and other names, is a Christian sacrament or ordinance...
because of her position on abortion. Naumann criticized Sebelius for vetoing HS SB 389. The action received mixed reviews in the Catholic press. This too, being an admonition to refrain from receiving Communion, was not an application of canon 915.
Nancy Pelosi
Mr. Peter Vere, a leading Catholic conservative, professor of canon law at Catholic Distance UniversityCatholic Distance University
Catholic Distance University , located in Hamilton, Virginia, is a private undergraduate and graduate institution that is "in the vanguard of Catholic distance learning." Established in 1983 in the Arlington diocese by Bishop Welsh, CDU offers an accredited bachelor degree in theology completion...
and author of "Surprised by Canon Law: 150 Questions Laypeople Ask about Canon Law", said that Nancy Pelosi
Nancy Pelosi
Nancy Patricia D'Alesandro Pelosi is the Minority Leader of the United States House of Representatives and served as the 60th Speaker of the United States House of Representatives from 2007 to 2011...
's pastor would be in violation of canon 915, if he allowed her to receive communion. Pelosi regularly attends Mass in San Francisco, CA and Washington, DC. The parish priests and the archbishops of both sees have rejected calls to withhold communion from her.
Others
Other prominent United States Catholic politicians who claim to be personally opposed but politically in favor of abortion are former presidential candidate and MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
Senator John Kerry
John Kerry
John Forbes Kerry is the senior United States Senator from Massachusetts, the 10th most senior U.S. Senator and chairman of the Senate Foreign Relations Committee. He was the presidential nominee of the Democratic Party in the 2004 presidential election, but lost to former President George W...
, Governor Mario Cuomo
Mario Cuomo
Mario Matthew Cuomo served as the 52nd Governor of New York from 1983 to 1994, and is the father of Andrew Cuomo, the current governor of New York.-Early life:...
, Governor Andrew Cuomo
Andrew Cuomo
Andrew Mark Cuomo is the 56th and current Governor of New York, having assumed office on January 1, 2011. A member of the Democratic Party, he was the 64th New York State Attorney General, and was the 11th United States Secretary of Housing and Urban Development...
, Governor George Pataki
George Pataki
George Elmer Pataki is an American politician who was the 53rd Governor of New York. A member of the Republican Party, Pataki served three consecutive four-year terms from January 1, 1995 until December 31, 2006.- Early life :...
, Senator Ted Kennedy
Ted Kennedy
Edward Moore "Ted" Kennedy was a United States Senator from Massachusetts and a member of the Democratic Party. Serving almost 47 years, he was the second most senior member of the Senate when he died and is the fourth-longest-serving senator in United States history...
, Tom Vilsack
Tom Vilsack
Thomas James "Tom" Vilsack is an American politician, a member of the Democratic Party, and presently the U.S. Secretary of Agriculture. He served as the 40th Governor of the state of Iowa. He was first elected in 1998 and re-elected to a second four-year term in 2002...
(one of John Kerry's possible vice-presidential choices in the 2004 election), and Governor Arnold Schwarzenegger
Arnold Schwarzenegger
Arnold Alois Schwarzenegger is an Austrian-American former professional bodybuilder, actor, businessman, investor, and politician. Schwarzenegger served as the 38th Governor of California from 2003 until 2011....
. None of these have been denied communion. American prelates opposing banning pro-choice politicians include Cardinals Francis George, Theodore McCarrick, Donald Wuerl, Roger Mahoney and Avery Dulles, and Archbishop Daniel Pilarczyk.